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(영문) 대구지방법원 서부지원 2017.10.12 2017고합99
준강간미수
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

The defendant and the victim D(n, 26 years old) have worked together at the general affairs team of the management department in the Daegu City, Daegu City.

On March 17, 2017, around 23:10, the Defendant parked in front of the convenience store near the apartment that the victim is living in the Daegu-si, Daegu-gu, the Defendant: (a) completed a meeting ceremony on the same day; and (b) had been trying to take care of the victim; and (c) had been driving in the middle of the middle of the middle of the middle of the middle of the middle of the middle of the middle of the week, the Defendant parked the said car to the said apartment parking lot.

Then, the Defendant was off the part of the victim, and tried to have sexual intercourse with the victim, such as cutting off the victim’s lower part of his/her lower part of his/her lower part, cutting off the victim’s right chest, cutting down the victim’s upper part of his/her lower part, and taking the victim’s kis, etc., but the victim was not

Accordingly, the defendant tried to have sexual intercourse with the victim by taking advantage of the victim's mental and physical loss or impossibility of resistance.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with regard to D;

1. Application of Fmeras Acts and subordinate statutes;

1. Articles 300, 299, and 297 of the Criminal Act concerning the facts constituting an offense;

1. Mitigation of attempted punishment: Articles 25(2) and 55(1)3 of the Criminal Act;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Article 47(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant has no record on sexual crimes; the Defendant’s disadvantage and anticipated side effects due to an order to disclose or notify, the degree of disadvantage and anticipated side effects of the Defendant’s injury caused by such order, and the victim from the sexual crime subject to registration.

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